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DALE v. POSTON

No. 06-2847.

548 F.3d 563 (2008)

Curtis L. DALE, Plaintiff-Appellant, v. Pamela POSTON et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 21, 2008.

Attorney(s) appearing for the Case

Andrew C. Adair (argued), Mayer Brown, Washington, DC, for Plaintiff-Appellant.

Gerald A. Coraz, Thomas E. Kieper, Shelese M. Woods (argued), Office of the United States Attorney, Indianapolis, IN, for Defendants-Appellees.

Before POSNER, RIPPLE, and EVANS, Circuit Judges.

EVANS, Circuit Judge.

Curtis Dale, a federal prisoner, filed this suit in 2002 against several prison employees claiming that they violated the Eighth Amendment by failing to protect him from an attack by another inmate. The case has gone back and forth with both Dale and the government going 2 for 4: a loss for Dale at the pleading stage, a win by Dale on appeal, a win by Dale before a jury on a threshold issue, and finally a loss for Dale on summary judgment. The...

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